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Answered in 2 minutes by:
11/25/2008
VerifiedThis depends on the facts.
Is the person who appointed the person mentally competent?
If not, has the person been declared, in Court, to be mentally incompetent?
What province are you in?
What are the facts - in a general way?
Is this about financial matters, care or both?
If you've posted additional information it hasn't posted yet.
Is the person who appointed the person mentally competent?
If not, has the person been declared, in Court, to be mentally incompetent?
What province are you in?
What are the facts - in a general way?
Is this about financial matters, care or both?
If you've posted additional information it hasn't posted yet.
The POA is worthless if she wasn't competent. But, if the person holding the POA won't listen to you then it doesn't matter whether it is or not because you will still have to do something.
Basically, what you need to do is to apply to the Court to have your mother declared incompetent and for you to be appointed as her guardian. All POAs will becoming void.
You will be responsible for her financial matters and her care. As her daughter you will be in the best position to apply for guardianship.
You can do this on your own but if you can afford a lawyer the you should retain one to assist you.
You will need to have reports from psychiatrists about her incompetency.
If you believe this will be opposed you need to be able to present valid reason for wanting to become the guardian. One of your strongest points will be if you can prove she lacked competency when she signed the POA.
I hope that helps as a starting point.
Let me know if you need more information.
Please click accept so that I can receive credit for providing you with this information.
Basically, what you need to do is to apply to the Court to have your mother declared incompetent and for you to be appointed as her guardian. All POAs will becoming void.
You will be responsible for her financial matters and her care. As her daughter you will be in the best position to apply for guardianship.
You can do this on your own but if you can afford a lawyer the you should retain one to assist you.
You will need to have reports from psychiatrists about her incompetency.
If you believe this will be opposed you need to be able to present valid reason for wanting to become the guardian. One of your strongest points will be if you can prove she lacked competency when she signed the POA.
I hope that helps as a starting point.
Let me know if you need more information.
Please click accept so that I can receive credit for providing you with this information.
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